Sex charge puts young girls at risk, activists say

The arrest of an official in Henan on suspicion of sexually assaulting up to 100 under-age girls and the busting of a schoolgirl prostitute ring in Zhejiang , both in late May, have again put the country's efforts to protect underage girls under scrutiny.

In particular, calls for scrapping the controversial criminal charge of 'paying for sex with under-age girls' have once again intensified, which many women and children rights activists say has directly resulted in a surge in sexual offences against under-age girls.

Having sex with under-age girls is considered rape in many jurisdictions, but the charge of 'paying for sex with under-age girls', introduced during a revision of the Criminal Code in 1997, has created a legal loophole in China that allows men who have sex with such girls to get away with a lesser crime, activists say.

'We don't understand why this charge was introduced. In the eyes of rights lawyers, the only plausible explanation for introducing such a charge is to protect those with special status in China, those with money,' said women's rights lawyer Guo Jianmei.

'Years after its implementation, we see that this charge has damaged the rights of young girls, insulted them [by branding them prostitutes] and condoned the criminals. The charge must go.'

Under Chinese law, the charge of rape carries criminal sentences ranging from three year's imprisonment to death, while the new charge of 'paying for sex with under-age girls' is not punishable by death but only carries jail terms of between five to 15 years. An under-age girl is legally defined as a girl under 14.